What are you giving up for Lent?

Together with Interfaith Partners for the Chesapeake and faith leaders around the state, we are calling on Marylanders to fast from plastic bags in the coming season of Lent. People of the Christian faith often practice fasting to reflect on changes they want to make in their lives. We encourage people of all backgrounds to take these 40 days to consider our throwaway culture and simple steps you can take to protect your community and the environment. Lent begins on Ash Wednesday, February 10, and runs until Easter on March 27.

To inspire you, we're holding a rally on February 9...Mardi Gras! Join us in front of the State House at 9 am. Faith leaders from Prince George's, Anne Arundel, and Baltimore will speak about protecting our common home. We'll have reusable bags, of course, along with festive beads and king cake. Need a ride from Baltimore? Get on the bus!

“For many Christians celebrating Lent, they're preparing to journey with their God and reflect on the changes they want to make in their lives, said Jodi Rose, Executive Director of Interfaith Partners for the Chesapeake. “Fasting is one practice that draws them into that journey. We're challenging Christians to fast from plastic bags this year--and many are embracing this! We live in a throwaway culture that threatens all of Creation. This Lent, we're asking people to reflect on that throwaway culture, their role in it, and how they can be a witness to God's desire that we treasure the sacred around us.”

In response to calls from Maryland businesses and a growing awareness of the problems of plastic pollution, Delegate Brooke Lierman (D-Baltimore City) and Senator Victor Ramirez (D-Prince George’s County) introduced the Community Cleanup and Greening Act in the 2016 session of the Maryland General Assembly.

"It is rare to find a bill that will save businesses and consumers money, while also providing an immeasurable environmental benefit, and the Community Cleanup and Greening Act does just that,” said Delegate Lierman. “I’m so pleased to be sponsoring this urgently needed legislation. The time to help our businesses and save our struggling waters is now, and I am hopeful that the General Assembly will pass this bill this year."

The Community Cleanup and Greening Act bans plastic shopping bags at checkout. According to cleanup data, plastic bags comprise as much as half the trash polluting Maryland waterways, and they are among the most visible forms of street litter, blowing down sidewalks and tangling in trees and fences. Many Maryland counties have stopped accepting plastic bags in residential recycling programs.

To encourage shoppers to use reusable bags, the bill also requires stores to charge 10 cents for each paper bag. Financial disincentives have successfully changed consumer behavior in other cities and counties, including Washington, DC, and Los Angeles County, California. According to the Los Angeles County Department of Public Works, a typical store distributed 2.2 million disposable bags per year before their ordinance took effect in 2011. Beginning in the first month of the law, the same store distributed bags at a rate of 125,000 per year. (That's a 95% decrease!)

Public hearings on the bill (HB 31, SB 57) are scheduled for February 2 and February 10.

Our statement about the bag fee's failure

On Saturday, March 23, the Economic Matters Committee of the Maryland House of Delegates voted down a measure that would have enabled counties to establish a 5-cent fee on disposable bags. The vote, 14-9 on a motion for an unfavorable report, effectively ended the possibility of passing a statewide bag law in 2013.

The Community Cleanup and Greening Act (HB 1086) originally proposed to enact the fee statewide, for the purpose of encouraging shoppers to replace disposable plastic and paper bags with reusable bags, reducing litter and improving county recycling streams. The Environmental Matters Committee passed the amended bill on Friday, March 22, by a vote of 17-4.

The bill was sponsored by Delegates Mary Washington (D-District 43, Baltimore City) and Michael Summers (D-District 47, Prince George's County), with 32 additional cosponsors. A companion bill in the Senate was sponsored by Senators Jamie Raskin (D-District 20, Montgomery County) and Brian Frosh (D-District 16, Montgomery County).

"We are very disappointed in the outcome," said Julie Lawson, Director of the Trash Free Maryland Alliance. "Our team, from grassroots activists to the bill's sponsors, ran an effective campaign and achieved a lot of momentum. We were very close to passing this bill and giving counties a tool they need to reduce pollution."

The committee vote came a day after a dramatic debate over the transportation fund on the House floor. Following the controversy, delegates who had previously expressed support for the bill flipped their positions.

"We are very grateful to Chairwoman Maggie McIntosh, Chairman Dereck Davis, and Speaker Mike Busch for their support in getting the bill so far," added Lawson. "Trash Free Maryland looks forward to continuing to work with them on ways to clean up Maryland's neighborhoods and waterways."

*****

The Trash Free Maryland Alliance is a network of 60 organizations, businesses, and activists committed to reducing litter in Maryland, by pursuing policies at the state and local level.

Bag bill moving through House

This morning the Environmental Matters Committee of the Maryland House of Delegates passed HB1086, the Community Cleanup and Greening Act. It was amended from the original bill and now will enable all counties in the state to pass a disposable bag fee in order to reduce bag litter in their neighborhoods and streams.

Under current law, only Montgomery County, Baltimore County, and Baltimore City can establish this type of program. This proposal will allow all counties to establish a fee like Montgomery County has, where revenue is used for environmental purposes and to establish a program to assist low-income and elderly residents. Montgomery County residents have reduced their use of disposable bags by 60-70% since the fee took effect a year ago.

The committee voted 17-4 for a favorable report on the bill. Economic Matters must now also give it a favorable report before the bill reaches the House floor.

Statewide Bag Bill Sails Through Senate Committee Hearing

On Tuesday afternoon, the Senate’s Education, Health, and Environmental Affairs committee held its hearing on the statewide bag fee. This was the first public hearing on the bag bill in 2013, and if it is any indication, the bill might just have a fighting chance in the legislature this year. As Senator Jamie Raskin (D-Montgomery), the bill’s sponsor, explained: the fee is neither experimental nor controversial, and presents an easy opportunity for Maryland to be a national leader on this issue. We couldn’t agree more.

After a very long day of hearing other bills, the supporters for the bag fee kept our testimony brief and to the point. Julie Lawson, of the Trash Free Maryland Alliance, introduced the bill and outlined why the 5-cent fee is the best solution to dealing with the known problem of plastic bag litter. Kate Judson, representing the District Department of the Environment, spoke about the success of DC’s bag fee and offered the District’s official support. Jen Brock-Cancellieri came from the Maryland League of Conservation Voters to highlight the correlation of litter with crime, and how the bag fee will help counties comply with looming federal water cleanup mandates. Additionally, the Maryland Department of the Environment and the Montgomery County Chamber of Commerce submitted written testimony in favor of the bill.

Many opponents of bag fees argue that recycling is the solution to the bag problem. This was clearly refuted by testimony from the Prince George’s County Department of Environmental Resources (DER). Desmond Gladden, who directs the County’s recycling facility, said that it costs $110,000 annually to clean bags out of the facility’s machinery, requiring 4 hours of daily staff time and lost productivity. The low price he gets for the bags does not offset the costs of dealing with the problems they cause. Adam Ortiz, the Department’s Acting Director, noted that the County also spends millions annually on litter cleanup, and that utilities such as WSSC and DC Water also spend resources cleaning plastic bags from their systems. In other words, plastic bags aren’t free -- we are all paying to clean them up!

There were some questions and confusion on what happens to the revenue generated from the fee. Lawson clarified that the first purpose of the revenue is to buy reusable bags -- as many as needed -- to be distributed to low-income and elderly residents through existing outlets with the Department of Health and Human Resources. Leftover funds will be distributed back to the counties for environmental cleanup projects through the Chesapeake Bay Trust. Neither CBT nor the Comptroller take a cut of the revenue -- 100% will be spent on reusable bags and environmental projects.

The last part of the hearing was testimony from the bill’s opposition, including representatives from the paper bag industry, the plastic bag industry, and a citizens group. Most of their arguments were built around misunderstandings of the bill or inaccurate facts about plastic bags, and based upon the response, it seems that most of the committee saw through them. Senator Paul Pinksy (D-Prince George's), one of the bill’s cosponsors and a committee member, singlehandedly refuted many of the statements made by the opposition.

Tuesday’s hearing was a promising 2013 debut for the bag fee for Maryland. The next hurdle will be the committee hearing on the House side, on Friday, March 8. After that, each committee will vote on the bill, and hopefully send it to the full House and Senate floors!

-By Bradley Kennedy

Maryland General Assembly Trash Roundup

By now you've probably heard that the Community Cleanup & Greening Act did not pass in the 2012 session of the Maryland General Assembly. We fought hard and had some successes along the way, but given the heavy load of challenging legislation in this session, we couldn't quite float to the top. Thanks so much to all the activists and organizations that spoke out in support and contributed to the effort, and tremendous thanks to our dedicated sponsors, Delegate Mary Washington and Senator Brian Frosh.

But there were several bills related to litter, and of interest to our members, in this session. How did we do there?

- Prince George's County bag fee: Unfortunately, after successfully getting through the County delegation, the bill to give Prince George's County the power to establish its own bag fee failed in the House Environmental Matters Committee. I examined the path that proposal took on Greater Greater Washington back in March. The County now faces the choice of trying a third time in the General Assembly, taking the five-cent fee to the ballot, or looking at other methods to reduce bag use and litter. We're in those conversations and will keep you posted.

- Bottle bill: HB1115/SB875 sought to require the Maryland Department of the Environment (MDE) to produce a concept for a container deposit system and present it to the General Assembly and the Governor for consideration. This would be a first step in creating a "bottle bill" as exists in 10 US states and Guam (as well as numerous countries). These systems increase container recycling rates from a typical 25 percent to 75 percent or more, dramatically reducing litter. Unfortunately this bill failed to receive a vote in committee in either the House or Senate.

- Plastic bag recycling: Delegate Stephen Lafferty and Senator Joan Carter Conway sponsored industry-supported bills to push for a recycling solution to bag litter, by requiring bag manufacturers to register with MDE and implement a recycling program (extended producer responsibility), as well as require retailers to offer bag take-back recycling programs for shoppers. While the proposals passed the Senate, they did not receive a committee vote in the House. I wrote about these proposals during session, and how they were a poor substitute for real, impactful litter-reduction legislation, so this failure is good news for trash-free advocates!

Join us for Lobby Night!

Want to get directly involved in educating lawmakers about litter, and how they can help stop it at the source? Join us for the Trash Free Maryland Lobby Night on Monday, February 27! We'll set up meetings for you and give you the training you need to visit your representatives and have your moment in the sun.

We'll convene for training in the Miller Senate Building (11 Bladen Street, Annapolis) from 5 pm until whenever you can stay. To sign up for the event, fill out the form here, and we'll be in touch!

If you can't make it on Monday, you'll have additional chances on March 5 and March 12. Fill out the same form and make a note where appropriate.

Introducing the Community Cleanup and Greening Act of 2012

Last Thursday Delegate Mary Washington (D-District 43, Baltimore City) introduced the Community Cleanup and Greening Act in the House of Delegates of the Maryland General Assembly. Senator Brian Frosh (D-District 16, Montgomery County) introduced the same bill in the Senate on February 2.

The Community Cleanup and Greening Act aims to reduce litter in Maryland's neighborhoods and environment by imposing a five-cent fee on disposable plastic and paper bags. One to two cents stays with the retailer. The remaining proceeds will be split three ways: to purchase and distribute free reusable bags to low-income and elderly residents; for counties to apply to water quality improvement projects; and for the Chesapeake Bay Trust to administer as environmental restoration grants.

"A bag fee can have a substantial impact on litter, because it encourages shoppers to use reusable bags," said Julie Lawson, Organizer of the Trash Free Maryland Alliance. "If the program never collects a nickel, because everyone switches to reusables, we will have achieved our goal."

The legislation is modeled on successful programs in place in Washington, DC and Montgomery County. In the two years since the implementation of the Anacostia River Cleanup & Protection Act, 75 percent of DC residents say they have reduced their use of plastic bags, leading to reduced costs for retailers and fewer bags picked up at river cleanup events. Proceeds of the fee have been used as grants for green businesses and nonprofit organizations working to restore the Anacostia River, as well as for distributing thousands of reusable bags to those in need.

"There is no such thing as a free bag," said Laurie Schwartz, Executive Director of the Waterfront Partnership of Baltimore. "Retailers could see significant cost savings as they will not have to buy as many bags to then give away. Even a small mom-and-pop shop might save over $1,000 a year."

"Litter brings down the quality of life for residents," added Halle Van der Gaag, Executive Director of Blue Water Baltimore. "It is not only visually ugly but contaminates our waterways. Baltimore City spends more than $10 million each year to clean it up, so preventing it in the first place is more sustainable in the long-term."

The Community Cleanup & Greening Act, SB511, will be heard by the Education, Health, and Environmental Affairs Committee on February 28. The hearing on HB1247 has not yet been scheduled.

Plastics industry introduces two weak alternatives

Two industry-written proposals have been introduced in the General Assembly in recent days. Their intent is to make it look like the industry is "doing something." In fact, they will only encourage complacency and confuse people when stronger, more effective proposals are also achievable.

Late last week SB164 was introduced in the General Assembly. The Plastic Bag Recycling Act is a sort of extended producer responsibility (EPR) measure intended to appear as though the plastics industry is taking steps to become more sustainable.

EPR is in theory a good thing--you make something, you should be responsible for dealing with it at the end of its useful life, instead of leaving that to the general public (i.e., taxpayers) or simply abandoning it. European countries have strong EPR laws and their municipal waste volumes are quite low compared to ours in the U.S.

But weak EPR proposals can also hinder the success of real, viable, effective solutions, because it makes people think they are doing something, and resistant to doing more, when in fact nothing of substance changes.

And that is the case here. SB164 requires plastic bag manufacturers to register with the state, print their names on the bags they distribute to retailers in the state, and file reports about how many bags they sell and recycle. They are also required to educate the public about recycling.

How printing the manufacturer's name on a bag reduces litter, I really can't say.

Identical legislation was considered in Illinois last year but it failed to get out of committee.

We expect this to be cross-filed in the House shortly. Meanwhile we already have HB169, which requires stores to maintain recycling bins where customers can bring their bags back. In theory, this is fine--not all jurisdictions offer curbside recycling of plastic bags, and it discourages shoppers from just throwing them away. But retailers are already paying to have their trash taken away; adding recycling pickup adds cost. Small businesses will really feel that extra cost.

And while plastic bags are theoretically recyclable, even if every one of the 3 billion bags Marylanders use each year were turned in for recycling, the infrastructure just isn't there to handle them all. More than 90% of them will be landfilled or incinerated--or lost to the breeze during transportation and become litter anyway. (See the EPA's own data, fourth bullet under Just the Facts. That green box on the right side of the page might interest some of you as well.)

Thus we need to look at proposals that will target that "3 billion bags used" number. Reducing the amount of bags we use is the only way to truly reduce how much trash we produce, and how much litter blights our neighborhoods.

The Community Cleanup and Greening Act will be introduced next week. Stay tuned.